Subletting
Your tenant wants to sublet. Here's what the law actually asks of you.
A tenant who sublets is not automatically breaking the lease. Almost everywhere, the whole question comes down to one thing: did you agree to it, and in a form that would hold up if it were ever disputed. This page walks through what that means, and what changes once a spare room turns into a listing.
Nothing is switched on until you say so.
- No contract between you and the subtenant
- Your tenant stays liable for the rent and any damage
First, what subletting actually is
Subletting, and the two things it gets confused with
Subletting is the tenant re-letting all or part of the flat to someone else, while staying the leaseholder themselves. It is not the only way a new face ends up living there, and the other two are usually treated very differently.
Subletting
The tenant keeps the lease and re-lets to a subtenant, who has no relationship with you at all. The tenant stays on the hook for the whole rent, whatever arrangement they have made with whoever is paying them.
- On the lease
- Your tenant
- Pays you
- Your tenant
- Your consent
- Usually needed, in writing
Assignment: transfer of the lease
The new occupant replaces the tenant on the lease itself and becomes directly responsible to you. This is a different question from subletting, and usually needs its own separate consent.
- On the lease
- The new occupant
- Pays you
- The new occupant
- Your consent
- Usually needed, separately
A partner or roommate moving in
Someone joining the existing household, rather than paying the tenant to occupy part of it, is not subletting in most places. What matters is whether money changes hands for the space.
- On the lease
- Your tenant
- Pays you
- Your tenant
- Your consent
- Not usually a sublet question
Why it comes back to one question
Consent is the whole test, and silence is not consent
In most places, subletting turns on whether you agreed to it, and the tenant stays liable to you for the rent and any damage regardless of who is actually living there. Two things worth knowing before a tenant asks.
You agree in writing
Allowed, on the terms you wrote down
You agree out loud
Hard to prove, easy to walk back
You do not answer
Not permission. Nothing is agreed
What a written consent should say
Get it in writing
A verbal, sure, go ahead, is hard to prove and easy to walk back. Wherever consent is required, put it in writing, even if it is just an email, so there is a record of exactly what you agreed to and for how long.
Not answering is not the same as agreeing
In most places, a tenant who asks and hears nothing back has not been given permission. If you want to refuse, say so. If you do not respond at all, you have not created a problem for yourself, but you have not solved theirs either.
Consent to sublet
As the landlord of Kortrijksesteenweg 88, 2A, I agree that my tenant may sublet:
- 1
Which part of the home
The back bedroom, furnished
- 2
Who moves in
To M. Janssens
- 3
For how long
From 1 June to 31 August
- 4
Who stays liable
My tenant remains responsible to me for the full rent and for any damage during the sublet.
- 5
Signed and dated
Signed by the landlord, dated 12 May
When the room becomes a listing
Every step toward a short let adds another layer of rules
A partner moving in answers to the lease alone. A subtenant paying for a room brings in your consent. Guests booking nights on a platform are subletting too, and many cities add short-let rules of their own on top.
- The lease
1
A partner moves in
Usually not subletting
- Your written consentThe lease
2
A subtenant rents a room or the flat
Subletting
- City short-let rulesYour written consentThe lease
3
Guests book nights on a platform
Subletting, and often more
City rules can mean registering the listing or a limit on nights per year, whether or not the tenant has your consent. Check your city's rules before agreeing to a short let.
By country
What the law asks for, where you actually are
Whether consent even needs to be in writing, and what happens if a tenant sublets anyway, is set locally. Here is what applies where your building actually stands.
Elsewhere
General guidance- Subletting rules vary widely from one country, and even one city, to the next.
- What is being let, the reader’s own lease, and the local tenancy law all decide this, and none of them are things this page can check for you.
We have not researched this jurisdiction. Read your lease and check your local tenancy law before subletting, or before refusing to let a tenant do it.
Where Dardaris fits
The clause you signed, not the version you remember
Dardaris reads the lease you actually signed and files what it says about subletting, rather than leaving it to whoever remembers the conversation. Three things follow from that.
Your lease's own clause, on file
Read once when it is uploaded, so the subletting terms you agreed to are a fact on record, not a guess.
What the local law actually requires
Surfaced from your building's own jurisdiction pack, verified where the research has been done and marked honestly where it has not.
A drafted reply, never sent without you
When a tenant emails asking to sublet, Dardaris can draft a reply grounded in your lease and your records, for you to read and send yourself.
Messages
Subletting my room this summer?
L. Peeters, your tenant, Kortrijksesteenweg 88, 2A
Hi, I'm abroad from June to August. Could I sublet my room to a friend while I'm away?
What I checked
- Your lease, clause 9: subletting only with your written consent
- Where the building stands: the local rules on subletting
Drafted reply
Thanks for asking first. I can agree in writing once you send me your subtenant's name and the exact dates. You stay responsible for the rent while they live there.
Questions people ask about subletting
Can I sublet my rental at all?
In most places, yes, but not automatically: subletting some or all of a rented home is usually something the tenant needs specific permission for, from a landlord who agreed to it, not just an assumption that it is allowed until someone objects. Check the jurisdiction panel above for what applies where your tenancy stands.
Do I need the landlord’s consent to sublet?
Almost everywhere the answer is yes, and it typically needs to be more than a nod. Wherever consent is required, get it in writing before you make any arrangement with a subtenant, since a landlord who did not agree in a form that holds up can usually treat the arrangement as if it never happened.
What is the difference between subletting and assigning a lease?
When a tenant sublets, they keep the lease and let the space on to a subtenant, who has no contract with the landlord. When a lease is assigned, the new occupant takes over the lease itself and answers to the landlord directly. The two are usually separate questions, each needing its own consent.
Is the tenant still responsible for the rent during a sublet?
Yes, in most places. The subtenant pays the tenant, and the tenant still owes the landlord the full rent and answers for any damage, whatever they agreed with the subtenant.
What should a written consent to sublet say?
At least which part of the home is sublet, who the subtenant is, the start and end dates, that the tenant stays responsible for the rent and any damage, and the landlord’s signature and the date. An email that says all five is a record too. Some leases and some local laws ask for a particular form, so check both.
What happens if I sublet without permission?
Typically, the sublet is treated as if it were never authorised, and the tenant who arranged it stays on the hook for the whole rent to their own landlord regardless. In several places it counts as a breach serious enough to end the lease itself, so it is worth asking rather than assuming.
Can a landlord refuse a sublet?
Usually yes, where the lease or the law makes subletting depend on the landlord’s consent. Some places limit that: a few give tenants a qualified right to sublet that a landlord cannot unreasonably refuse. Check the panel above for where the building stands.
Does listing my rental on Airbnb count as subletting?
Generally yes. A short-let listing puts someone else in the property in exchange for money, which is exactly what subletting means, even for a few nights at a time. Unauthorised short lets are a common and often litigated ground for eviction, particularly in cities that regulate short-term rentals closely.
See what your own lease actually says.
One building, free to start: Dardaris reads the lease and surfaces what your address requires, subletting included.
Nothing to move first · Nothing switched on until you say so